Margaret Koesel Tracey Turnbull

July 18, 2013 | Inside Counsel

Spoliation of evidence occurs when an individual or entity violates its duty to preserve relevant evidence.

By Margaret Koesel, Tracey Turnbull

11 minute read

July 04, 2013 | Inside Counsel

Once you determine when the duty to preserve commenced, you need to identify what needs to be preserved.

By Margaret Koesel, Tracey Turnbull

5 minute read

June 20, 2013 | Inside Counsel

In its simplest terms, a legal hold (also known as a litigation hold, preservation order, suspension order, freeze notice, hold notice or hold order) is a process that an organization uses to preserve all forms of relevant information when litigation is reasonably anticipated, according to Shira A. Scheindlin and Daniel...

By Margaret Koesel, Tracey Turnbull

11 minute read

June 06, 2013 | Inside Counsel

Once the duty to preserve evidence has been triggered, the scope of the preservation obligation is the next issue for an organization to consider.

By Margaret Koesel, Tracey Turnbull

7 minute read

May 23, 2013 | Inside Counsel

We know there is no general duty to preserve evidence before litigation is reasonably anticipated, so the trick is to determine what facts the court will consider when determining when that duty attaches.

By Margaret Koesel, Tracey Turnbull

3 minute read

May 09, 2013 | Inside Counsel

There is no consensus among state or federal courts on the standards that govern preservation and spoliation issues.

By Margaret Koesel, Tracey Turnbull

3 minute read